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"illegal discharge of a firearm" in Billerica

rcoolbaugh said:
But .... I thought Joe Biden told us it was OK to fire a couple of blasts into the air ....
Click to expand...

If you haven't read, its effing hilarious

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I work in Billerica and listened to the whole 5 hours on the PD scanner. The call came in from a neighbor as, "I heard someone state, "I dare you to do it." and then heard a single gun shot." The guy who came out of the house lived there and the other two guys where leftover from the night before. The cops where also on that street the night before for for auto accident at same address. Way I figure the neighbor was probably pissed off about being kept up the night before and dropped the quarter to get back. The PD tried to contact guys parents that own the house. One of the guys that was inside the house soiling their pants, mother showed up at the scene.

If this happen in the south the guy would have said even at 8:30 am, "Hold my beer and watch this!"

I'm guessing the guy loses his LTC and guns and Billerica bills his parents for the 5 hour training session for SWAT, EMT and Billerica PD.
 
milktree said:
The owner of the guns was outside the house with the cops, the “friends” were inside. They probably didn’t know anything about safe storage laws.
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Training is key. Owner should have sent them to a reputable gun law course
before they started playing Drunken Other Hemisphere Wedding Reception.
 
Found where the projectile landed.

Billerica Police Investigate Random Shooting Into Residence

Billerica – On Sunday, August 16 around 9:15 PM a resident at 7 Putney Circle reported via E-911 a loud bang and what they believed to be a hole through the front of their home. Officers responded and confirmed that
police.billericaps.com police.billericaps.com
 
Looks like some ones LTC, and guns are going to go bye,bye.
I wonder if he will stay a NES member?
 
AHM said:
But from within the curtilage. The actual statute reads:

Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:​
​
(1) being present in or on his residence or place of business; ... yadda³​

Since it says "in or on", which I interpret as the back yard is OK.
It's not the residence of the party guest - it's the residence of the gun owner.
But Bricka PD misquotes the law as "Outside of Home",
so they must not be hung up on the distinction.

Also, non-slug shotguns don't deserve a 500' safety zone
(although there was probably a house within 40 yards anyhow).

But they'll get lawyers who don't see the potential for a distinction,
and the judge won't let the actual text of the law influence the verdict.

Not that it will go to trial.


Billerica? Isn't that one of those "gated communities" we hear so much about?


They had nearly five hours to devise some kind of field-expedient storage -
say, break down all the guns and string a ski lock through the receivers -
and they still had gunz sitting around unsecured when they surrendered.
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that is what one of US would probably do.
these are dumb azz kids. I am surprised they did not just run out the back into the woods and leave the home owner totally holding the bag. they are not intelligent enough to improvise a lock.

i do not know what it is about these times today. Back in the 60's or 70's, we were a hell of a lot more street smart about such things.
 
Dadstoys said:
Should have done it in Lynn.
Some nutbag in the section eight housing took a pot shot at two of our guys and when the cops showed up they asked if anyone was hit.
"No"
Ok see ya. "
Click to expand...

Yep....It would have been treated pretty much like a call about fireworks.
 
<knock><knock>
"Who is it?"
"Billerica Police."
"Sorry, no one's home right now..."
 
I heard from a reliable source. That mushrooms may have been involved. Which explains the long standoff lol.
 
Other than a noise ordinance violation, what is the MGL regarding firing off a thundermug assuming no projectile?
 
milktree said:
tl;dr:

Dude has a bunch of guns, he's licensed (for now)

he has a party, one of his "friends" takes his shotgun outside and fires it.

Nobody is hurt, but neighbor complained, SWAT called.

gun owner is charged with four counts of improper storage, and misleading a police investigation

Gun owner's "friend" is charged with Unlawful Possession of a Firearm Outside of Home, and Discharge of a Firearm within 500 feet of a Dwelling


Charges Filed Following Illegal Discharge of a Firearm

Billerica – On Wednesday, August 12, 2020 at approximately 8:22 A.M., Billerica PD received a 911 emergency call reporting possible shots fired at 8 Harvard Road, Billerica. The caller reported seeing two individuals at the rear of the home, one
police.billericaps.com police.billericaps.com
Click to expand...

There’s a lot more hear to the story put out.
 
AHM said:
But from within the curtilage. The actual statute reads:

Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:​
​
(1) being present in or on his residence or place of business; ... yadda³​

Since it says "in or on", which I interpret as the back yard is OK.
It's not the residence of the party guest - it's the residence of the gun owner.
But Bricka PD misquotes the law as "Outside of Home",
so they must not be hung up on the distinction.

Also, non-slug shotguns don't deserve a 500' safety zone
(although there was probably a house within 40 yards anyhow).

But they'll get lawyers who don't see the potential for a distinction,
and the judge won't let the actual text of the law influence the verdict.

Not that it will go to trial.


Billerica? Isn't that one of those "gated communities" we hear so much about?


They had nearly five hours to devise some kind of field-expedient storage -
say, break down all the guns and string a ski lock through the receivers -
and they still had gunz sitting around unsecured when they surrendered.
Click to expand...
They violated both state laws and local ordinances and will be charged as such. My guess would be he loses his license at the end of this ordeal and they auction off his firearms. Job well done in this case.
 
Woodsy said:
They violated both state laws and local ordinances and will be charged as such. My guess would be he loses his license at the end of this ordeal and they auction off his firearms. Job well done in this case.
Click to expand...

All because he didn’t lock his guns? If he doesn’t have children in the house, then there is nothing immoral about not locking ones guns. Illegal? Yeah according to MA, but not immoral. And yet you want to have him ruined. Why aren’t you focusing on the guy who actually stole the firearm and fired it?
 
milktree said:
tl;dr:

Dude has a bunch of guns, he's licensed (for now)

he has a party, one of his "friends" takes his shotgun outside and fires it.

Nobody is hurt, but neighbor complained, SWAT called.

gun owner is charged with four counts of improper storage, and misleading a police investigation

Gun owner's "friend" is charged with Unlawful Possession of a Firearm Outside of Home, and Discharge of a Firearm within 500 feet of a Dwelling


Charges Filed Following Illegal Discharge of a Firearm

Billerica – On Wednesday, August 12, 2020 at approximately 8:22 A.M., Billerica PD received a 911 emergency call reporting possible shots fired at 8 Harvard Road, Billerica. The caller reported seeing two individuals at the rear of the home, one
police.billericaps.com police.billericaps.com
Click to expand...

First off SWAT? Come on is that really necessary? SWAT should be the weapon of last resort when everything else fails. They couldn't send over a couple of cop cars, we have to jump straight to military style intervention? This is why I agree that we need some serious police reform in this country.

Secondly, why should the 1st guy lose anything because he has a bozo for a friend? Man I swear the people in MA are so willing to be kowtowed that every other person is a freaking Karen.
 
It is not that I like those laws, I DON'T!! But that is Ma**h***chusetts. He is only 25 so that means he had to take the mandated classes to get his permission slip from the local commissar. So in the end he is responsible. He had knowledge of the law and he failed to abide by those laws. He chose to stay in that state and he chose to live by those laws.
 
VetteGirlMA said:
First off SWAT? Come on is that really necessary? SWAT should be the weapon of last resort when everything else fails. They couldn't send over a couple of cop cars, we have to jump straight to military style intervention? This is why I agree that we need some serious police reform in this country.

Secondly, why should the 1st guy lose anything because he has a bozo for a friend? Man I swear the people in MA are so willing to be kowtowed that every other person is a freaking Karen.
Click to expand...
To help justify their existence they mobilize to situations that they don't need to exist at.
 

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